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AAO EB-1A decision OCT062006_01B2203: Appeal timeliness

AAO EB-1A decision OCT062006_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT062006_01B2203: Untimely appeal rejected; case remanded to director for further consideration and a new…

Decision summary: The AAO untimely appeal rejected; case Remanded to director for further consideration and a new decision. AAO agreed the director denied the petition before allowing the 12 weeks to answer the RFE, but also agreed the initial evidence then submitted did not establish the required threshold. The remand permits the director to consider a response; it is not an eligibility finding. AAO states comparable evidence is available only when criteria do not readily apply, not where a petitioner simply cannot meet three criteria.

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: EB-1A appeal Remanded on response-period procedure; threshold merits not established.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT062006_01B2203

Decision date as printed

October 6 (year not printed on cover; source identifier places it in 2006)

Classification / field stated in source

Appeal rejected as untimely; treated as combined motion to reopen and reconsider and Remanded

Procedural posture

Appeal from Texas Service Center denial. Petitioner argued denial came before the stated 12-week RFE response period expired.

Operative disposition

Untimely appeal rejected; case Remanded to director for further consideration and a new decision.

Final-merits status

Not reached; initial evidence was expressly found inadequate, and merits were Remanded.

What the AAO decision addressed

AAO agreed the director denied the petition before allowing the 12 weeks to answer the RFE, but also agreed the initial evidence then submitted did not establish the required threshold. The remand permits the director to consider a response; it is not an eligibility finding. AAO states comparable evidence is available only when criteria do not readily apply, not where a petitioner simply cannot meet three criteria.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not reached — source PDF

Membership

Not reached — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached — source PDF

Original contributions of major significance

Not reached — source PDF

Scholarly authorship

Not reached — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not reached — source PDF

High salary or remuneration

Not reached — source PDF

Commercial success in the performing arts

Not reached — source PDF

Source-cited findings recorded in review

  • claim: Cover is dated October 6 and identifies an EB-1A petition; page 2 says the appeal will be rejected as untimely and the director decision withdrawn/Remanded.; pages: 1; 2

  • claim: Petition filed September 23, 2005; RFE issued October 28, 2005; director denied December 8, 2005, 41 days after RFE, despite a stated 12-week response period.; pages: 3

  • claim: AAO agrees initial evidence was inadequate but directs the director to allow 12 weeks to respond and issue a new decision.; pages: 4

  • claim: AAO says comparable evidence applies only where criteria do not readily apply to the occupation; it does not excuse inability to meet three applicable criteria.; pages: 4

How this record may be used in research

Comparison scope: Eligible for procedural and comparable-evidence discussion, not as a favorable merits outcome.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Published material about the person research

  • Leading or critical role research

  • Performance sector research

  • Threshold research

  • Untimely research

  • Remand research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for OCT062006_01B2203